This chapter shall be known as the "City Housing
Code" and may be so cited and pleaded.
There is created within the City government
a Code Enforcement Department within the Community Development Division,
responsibilities of which include the enforcement and administration
of the Housing Codes adopted by the City. The department head of the
Code Enforcement Department shall be appointed by the Mayor in consultation
with the Director of the Community Development Division, for the establishment
and administration of an inspection and enforcement program designed
to ensure compliance with this chapter. He shall designate and direct
officers, agents and employees necessary to carry out the purpose
of this chapter. He shall submit an annual budget request for the
operation of the agency to the Director of the Community Development
Division for inclusion in the Division's budget request to the Mayor
and members of the Board of Aldermen.
The purpose of this chapter is the establishment
of the minimum standards governing the condition and maintenance of
dwellings; establishing minimum standards governing supplied utilities
and facilities and other physical things and conditions essential
to make dwellings safe, sanitary and fit for human habitation; prevention
of urban blight; establishing minimum standards governing the condition
of dwellings offered for rent; fixing certain responsibilities and
duties of owners and occupants of dwellings; authorizing the inspection
of dwellings, and the condemnation of dwellings unfit for human habitation;
and fixing penalties for violations.
The provisions of this chapter are the minimum
property standards for all structures, moveable and unmovable, which
are now or in the future used for human occupancy as residential dwellings
and the areas, grounds or parcels on which they are located in the
City. Every portion of a building or premises so used or intended
to be used shall comply with the provisions of this chapter, irrespective
of when such buildings shall have been constructed, altered, or repaired,
except as otherwise provided in this chapter.
If any section, paragraph, sentence, clause
or phrase of this chapter shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this chapter which shall continue in full force and effect, and
to this end the provisions of this chapter are hereby declared to
be severable.
This chapter shall not affect violations of
any other ordinance, code or regulation of the municipality existing
prior to the effective date hereof, and any such violation shall be
governed and shall continue to be punishable to the full extent of
the law under the provisions of those ordinances, codes or regulation
in effect at the time the violation was committed.
A.
This chapter shall not interfere with or annul any
other ordinance, rule, regulation or permit of the City, provided
that unless specifically excepted, where this chapter is more stringent
it shall control.
B.
Without limiting the generality of Subsection A, where an act or omission is a violation of this chapter, and also a violation of any provision of Chapters 105, 123 or 280 of the City Code, the Code Official may seek abatement, issue orders, and seek applicable remedies and penalties under either or all such chapters.
A.
Right of entry. In order to safeguard the safety,
health and welfare of the public, the Code Official is authorized
to enter any structure or premises at any reasonable time for the
purpose of making inspections and performing his duties under this
chapter, and may apply to a court of competent jurisdiction for such
warrants or other orders as may be necessary to facilitate such entry
for such purposes.
B.
Interfering with inspection. If any owner, occupant
or other person in charge of a structure subject to the provisions
of this chapter refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and free access to any part of the structure or
premises where inspection authorized by the chapter is sought, the
administrative authority may seek, in a court of competent jurisdiction,
an order that such owner, occupant or other in charge cease and desist
with such interference.
C.
Relief from personal liability. Any Code Official,
officer or employee who acts in good faith and without malice in the
discharge of his duties of enforcement of this chapter is relieved
of all personal liability for any damage that may accrue to persons
or property as a result of such acts or alleged failure to act. Further,
he shall not be held liable for any costs in any action, suit or proceedings
that may be instituted by him in the enforcement of this chapter.
In any of these actions the official or employee shall be defended
or represented by the jurisdiction's attorney at law until the final
termination of all proceedings.
